Allowed

Devendra Nath Puri v. Kishore Kunal

Patna HC19 Nov 2018C.Misc./1467/2016

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What is this about?

This court set aside the order of the Sub-Judge rejecting the petitioner's amendment of plaint to insert the defendant's parentage and address. The court held the Sub-Judge's order illegal and erroneous where the petitioner sought only to mention personal details.

What did the court decide?

Order dated 26.10.2016 in Title Suit No.276 of 2011 set aside; amendment in plaint allowed; civil miscellaneous petition allowed.

Devendra Nath Puri Vs Kishore Kunal — Civil Procedure and Limitation | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.1467 of 2016

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Devendra Nath Puri S/o Late Yogendra Natha Puri, r/o Village Ramji Chak, Digha, P.S. Digha, District, Patna.

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... ... Plaintiff/Petitioner

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Versus

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Kishore Kunal S/o Late Ramchandra Prasad Shahi, R/o Sayan Nilay Goshala, Sadakat Ashram, P.O. Sadakat Ashram, P.S. Patliputra, District- Patna.

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... ... Defendant/Respondent ====================================================== Appearance : For the Petitioner : Mr. Rakesh Kumar, Advocate For the Respondent : None ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER

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3 19-11-2018 Heard the learned counsel for the petitioner. Nobody appears on behalf of the respondent.

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The petitioner has filed this civil miscellaneous petition against the order dated 26.10.2016, passed in Title Suit No.276 of 2011 by which the learned Sub-Judge-VI, Patna rejected the petition of the petitioner for amendment in the plaint on the ground that the defendant cannot be sued in his personal capacity and the issues have already been settled, therefore, amendment cannot be allowed.

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On the face of it, it appears that the petitioner-plaintiff wanted to insert the parentage and personal address of the defendant but the learned Sub-Judge committed error rejecting the prayer for amendment in the plaint on the ground that the defendant cannot be sued in his personal capacity. If defendant

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Patna High Court C.Misc. No.1467 of 2016(3) dt.19-11-2018 2/2

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cannot be sued in his personal capacity, the suit itself is liable to be dismissed but since the plaintiff wanted to only mention the parentage and personal address of the defendant, therefore, I find that the order of the learned Sub-Judge is illegal and erroneous. Accordingly, the order dated 26.10.2016, passed in Title Suit No.276 of 2011 by the learned Sub-Judge-VI, Patna is set aside. The amendment is allowed and this civil miscellaneous petition is allowed.

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(Prabhat Kumar Jha, J.)

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S.KUMAR/-

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Devendra Nath Puri v. Kishore Kunal

Case brief

What is this about?

What did the court decide?

Devendra Nath Puri v. Kishore Kunal

Case brief

What is this about?

What did the court decide?

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